Bullitt Satellite Messenger service and Bullitt Satellite Messenger app Terms of Use
Last updated: 3 April 2024
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BULLITT MESSENGER SERVICE
Welcome to the Bullitt Satellite Messenger service (the “Service”) and Bullitt Messenger app (the “App”). By opening a Bullitt Satellite Messenger account (your “Account”) and/or purchasing a Service Package (as defined below) from Us, you agree to these terms and conditions (the “Terms”). If you do not agree to these Terms, then you must not use the Service or App.
We may also offer third-party services, which supplement our Service. We are not responsible for the services provided by such third parties and use of those services will be subject to additional third-party terms and conditions where applicable. Please see section 3 below for further details.
Nothing in these Terms is intended to reduce your mandatory consumer rights or conflict with the laws, licensing requirements or regulations of your local jurisdiction (“Mandatory Local Laws”). If there is a conflict between these Terms and the Mandatory Local Laws, the Mandatory Local Laws will prevail.
1. Who We are and how to contact us
We, RCD 2023 Limited of One Valpy, Valpy Street, Reading, RG1 1AR (“We”, “Us”, “Our” or “Bullitt”), are the creators and operators of the Service and App.
You can contact Us (including with complaints) by telephone [click here to find local support numbers [LINK]) or by writing to Us at support@bullitt.com or the address stated above.
2. About the Service and the App
Neither the Service nor the App have been developed to meet your individual needs. Please check that the description of the Service and the App (as described on the app store where you download the App, Our website at [insert url] (“Website”) and in these terms) meets your requirements.
The App. The App is a messaging application which enables access to the Service.
The Service. The service enables two-way messaging communication via:
1. the internet; and
2. satellite (only with active paid-for subscription).
The Service is designed primarily for use where internet or cellular connectivity is unavailable, such as remote or rural areas – subject to the limitations of satellite connectivity as described in these Terms.
Messages sent using the Service are limited to simple text-based communications with a maximum data packet size of 155 bytes (which, after taking into account the message header, translates to a maximum of approximately 140 typed characters). To ensure efficient use of the network, there is also a minimum data packet size that can be sent or received of 50 bytes, which means sending or receiving any message of less than approximately 15 characters will consume 50 bytes of your data allowance. These rules on data packet size also apply to the Tracking Service described below. Please note that your data allowance is also consumed on receipt of any message or optional delivery receipt notification received over the satellite network. You may use the Service in any region where the Service is available (check bullitt.com/coverage for details) (“Available Region(s)”). Any use of the Service in any other country may be subject to any applicable restrictions due to Mandatory Local Laws. You are solely responsible for ensuring compliance with any such requirements and Mandatory Local Laws.
SERVICE LIMITATIONS
Limitations on access to Emergency Services
Please note that Our Services do not provide automatic or guaranteed access to emergency services or emergency service providers. See the ‘SOS Service’ and ‘Overwatch and Rescue’ sections below for more details.
Limitations on satellite service
Please also note that some aspects of the Services are provided by various communication devices and networks, including but not limited to satellites and their links to certain satellite ground stations, satellite antennas and supporting equipment. This means that the Services may become limited or temporarily unavailable without notice from time to time. Please be aware that a satellite service is wireless and requires a clear line of sight toward the satellite. This means that Our satellite Services will be subject to transmission and reception limitations, including those caused by: (i) your location, including conditions that obstruct the line of sight between you and the satellite communication systems; (ii) the condition of the satellite communication systems; (iii) the condition of your device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Our control or the control of Our third-party service providers.
Bullitt does not own or control the satellite systems and interconnecting networks used to provide the Services and it cannot be responsible for any Service interruptions or interferences that are associated with those satellite systems or interconnecting networks.
3. Our Service Options
We provide two core Service options as well as additional services which are available if you have an active Paid Messenger Service subscription. One of Our Service options is free and the other is only accessible as part of a paid subscription to one of our Service Packages (as defined below). From time to time, a Service Package may be offered to you without charge, or for a reduced charge, for a limited promotional period (subject to the terms and conditions of that promotional offer). We may also offer some additional paid-for services that are provided by Our third-party partners, however We are not responsible for any products or services provided by such third-parties except where expressly stated otherwise in these Terms.
You are responsible for all data plans, internet fees, and other fees and taxes associated with your use of Our Services.
CORE SERVICES PROVIDED BY US
a) Free Internet-based Messenger Service
Our free internet-based messenger service (“Free Messenger Service”) allows you to have two-way message conversations with contacts from your mobile phone address book, if those contacts also have the App.. The Free Messenger Service requires you to have an active Wi-Fi or cellular connection in order to send and receive messages, and you are responsible for charges from your wireless carrier/internet service provider.
b) Paid Messenger Service including SOS Service
Our paid messenger subscription Service (“Paid Messenger Service”), allows you to use your monthly data allowance to send and/or receive messages via a satellite connection on a compatible device on which the Service has been successfully activated. The App will first attempt to send/receive your message via Wi-Fi or cellular. If these networks are unavailable, and you are using your compatible device with an activated Service, it will attempt to send/receive as a satellite message. Messages sent via Wi-Fi or cellular networks do not count towards the monthly data allowance under your Service Package (as defined below), although you are still responsible for charges from your wireless carrier/internet service provider. You will need a compatible device to use the Paid Messenger Service (see bullitt.com/devices for details). Customers without a compatible device will not be able to use the Paid Messenger Service. Our Paid Messenger Service also includes the SOS Service (see section 3(c) below). If you purchase Our Paid Messenger Service you will also have the option to access additional services (subject to additional charges which may apply, depending upon the Service Package purchased) as set out in section 3(e).
c) SOS Service
This service allows you to use the App or dedicated button on a compatible -device to send an SOS assistance request to a response centre that is managed and monitored 24/7 by Our third party partner, FocusPoint International Inc (“FocusPoint”) (“SOS Service”). Where appropriate, the FocusPoint response centre will attempt to contact a local emergency service provider to relay the call for assistance and/or may contact any pre-shared emergency contacts that you have added to your Account. Once
you activate an SOS assistance request, you will have the option to complete a short triage questionnaire that aims to ascertain basic information as rapidly as possible (although you can skip this step if, for example, it is inconvenient or inappropriate at that potentially stressful time). When you raise an SOS assistance request, a profile of any emergency information you have voluntarily provided to us within your Account will be shared with the FocusPoint response centre operative to aid in facilitating the response. The emergency response element of the SOS Service is provided by FocusPoint, and not Bullitt, but You must have an active subscription with Us in order to use the SOS Service.
We will always try Our best to connect you to FocusPoint when you are in an Available Region, and our intention is that the SOS Service will be available at the times described above in your location, but it is possible at some times and in some locations, that the SOS Service and/or a FocusPoint emergency response will not be available. This could be (without limitation) if the FocusPoint response centre does not receive your transmission or if it is delayed by the satellite network. We have no control over the nature or timeliness of the FocusPoint emergency response, or the response of any emergency service provider, and our sole obligation shall be to pass the SOS assistance request to the FocusPoint response centre where possible to do so. We make no representation or warranty of any kind with regard to the SOS Service other than the representation that we will pass on SOS assistance requests when they are received, subject to the limitations set out in these Terms.
Once an emergency SOS alert has been received and validated by the FocusPoint response centre, FocusPoint will, if appropriate, pass the SOS assistance request to an emergency service provider and/or may contact any pre-shared emergency contacts that you have added to your Account. [The device user’s location (GPS coordinates), if available, will be transmitted to emergency services via a live tracking link.] Where possible and necessary, FocusPoint response centre personnel will remain in contact with the device user and/or their emergency contacts until the emergency service provider has reached the device user. The FocusPoint response centre personnel shall determine when, how, even if, to escalate the SOS assistance request to an emergency service provider that may then conduct a search and rescue in accordance with their standard policies and procedures, subject to constraints such as operational limitations, available resources, technical feasibility, meteorological conditions, medical, safety concerns whether for you or the emergency service provider(s), and/or other considerations. In no event do these Terms create a duty to rescue.
You will be responsible for all charges relating to the activities of the emergency service provider in responding to your SOS assistance request. Charges levied by emergency service providers could be significant and may vary according to the nature of the response required, and the location where it is taking place. It is your responsibility to understand what charges may apply to emergency service provider rescues or callouts in your location, and put in place any mitigations for potential charges that you could incur, which might include taking out an appropriate level of travel insurance or similar cover for costs that might arise. Under no circumstances shall We be responsible for any costs incurred by you or any third party in responding to an SOS assistance request.
In addition, if any costs or charges are incurred as a result of any false or misuse of the SOS Service, including pressing the SOS button to ‘check if it works’ then you shall be liable for those costs or charges. The SOS Service should only be used in a situation where you have a genuine need for assistance. Abuse or misuse of the SOS Service may lead to us suspending your Account and/or cancelling your Service Package without any liability to refund you. Should We determine that you have deliberately or negligently misused or abused the SOS Service (in our reasonable opinion) then We will, without further notice, arrange for a charge to be made to your card at a rate of $300 USD (or equivalent amount in your local currency) per hour of time taken in dealing with the false SOS assistance request by the response centre, or stated part thereof, for a minimum charge of one hour, for each such false SOS assistance request, and you shall be responsible for paying any such fee. We, FocusPoint and any emergency service provider shall have such other rights and remedies against you for such misuse as may be available at law, and you agree to indemnify, defend and hold harmless, Bullitt and FocusPoint and their affiliates, licensors, licensees and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from any liabilities or penalties arising from any misuse of the SOS Service.
d) Tracking Service
You can add a tracking feature via the App for an additional charge, which is added to your Service Package at the time of purchase (“Tracking Service”). Alternatively, from time to time the Tracking Service may be made available to you as a standalone service, separate from any of Our other services described in these Terms. The Tracking Service is provided by Bullitt and allows you to send a GPS location pin to pre-selected contacts at a customisable frequency, for a customisable tracking session duration. You can allocate contacts, set the frequency and turn the Tracking Service on and off in your Account [when you have access to the internet]. Your use of the Tracking Service will consume data and you will need to purchase a separate data allowance for this Tracking Service. If you use your full data allowance the Tracking Service will stop until your data is renewed in the next billing period or through purchasing Additional Data (as defined below). Full details will be included in your Service Package.
SERVICES NOT PROVIDED BY US
Overwatch and Rescue
The Overwatch and Rescue service offering is provided by FocusPoint for any out-of-pocket expenses you may incur in an emergency situation (for example, the cost of any special emergency response vehicle) (“Overwatch and Rescue”). The Overwatch and Rescue service is subject to FocusPoint’s terms and conditions, which you can find here: [INSERT]. We will not be a party to any contract formed between you and FocusPoint for Overwatch and Rescue and are not liable to you for any damages or claims that may arise in connection with your use of Overwatch and Rescue and We are not responsible for the performance of Overwatch and Rescue by FocusPoint.
Please note that these Terms and Our Privacy Policy apply only to the use of Our Services. When you use third-party products or services, their terms and privacy policies will govern your use of those products or services.
4. Service Packages and Fees
Digital River. When you subscribe to a Service Package, you will enter into a contract with Our third-party partner called Digital River (“Digital River”). Digital River will be the contracting party and shall handle your payments, however We will still be responsible for the provision of the Services to you. This means that you should always contact Bullitt via the details set out in these Terms, should you have any questions or complaints about the Paid Messenger Service.
You can find a link to Digital River’s terms and conditions here: [INSERT LINK]
Service Package Description. When you subscribe to Our paid Services, the details of your service package (including the services you are subscribing to, your data allowances, the minimum commitment period of your subscription, your billing period, any renewal terms, your cancellation rights and the subscription fee) (“Service Package”) will be as set out [on Our Website and in your email order confirmation].
Minimum Commitment Period. Unless otherwise stated at the time you subscribe, your Service Package has a minimum commitment period of 12 months. If you choose to end your Service Package during any minimum commitment period, you may have to pay us an early termination charge, more details are set out in section 5 below.
Subscription Fees. All subscription fees are payable in advance via credit or debit card for your recurring billing period. Payment of subscriptions fees due will be taken no more than five days before the start of your next billing period. If your payment fails, We, or Digital River, reserve the right to charge you a reasonable administrative fee for managing your failed payment. If payment fails, the Service will not be available to you.
Data Allowance. Your Service Package may be comprised of one or more of our Services, and each Service may have a separate data allowance e.g. you may have a separate data allowance for the Tracking Service and the Paid Messenger Service. If you do not use the data allowance within your billing period, e.g. 1 month, the data allowance will expire. Each data allowance will refresh at the start of the next billing period. You can check your remaining data allowance for each Service at any time via Our App or via the web portal at [URL]. You will no longer be able to use an individual Service, once
your data allowance has been used or has expired for that Service, unless you purchase additional data allowance packages from Us (“Additional Data”). We do not place a limit on the amount of data that you consume in using the SOS Service. You can purchase Additional Data via our Website. Please note that you can only purchase (or pre-authorise the purchase of) Additional Data when internet connectivity is available. It is your responsibility to ensure that you have enough data to meet your needs.
Changes to Subscription Fees. We may, at any time but no more than once in a 12 month period, increase our subscription fees by: (i) the Consumer Price Index at the date of the price change plus 2%; or (ii) such other amount to reflect our increased costs in providing the Service. We will provide you with at least 30 days’ notice of any price change and, if you don’t agree to the change, you can end cancel your Services with Us without penalty by contact us on the details set out in section 1.
5. How to cancel and renew
We tell you when and how you can end an on-going contract with us (for example, your paid subscription to the Paid Messenger Service) in your Service Package and We will confirm this information to you in writing after We’ve accepted your order. If you have any questions, please contact Our Customer Service Team: [LINK TO OR WEBSITE ADDRESS FOR CUSTOMER SERVICE TEAM PAGE OR TELEPHONE NUMBER FOR TEAM].
If you are a UK or EU consumer, you also have a legal right to change your mind. You have 14 days after the date We confirm your Service Package to change your mind about a purchase, but you lose the right to cancel your purchase of any digital product, when you start to download or stream it.
If you change your mind contact Our Customer Service Team: [LINK TO OR WEBSITE OR PROVIDE CONTACT DETAILS] or fill in the online form [a [LINK TO, OR WEB ADDRESS OF, ONLINE CANCELLATION FORM]. Digital River will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind but you must pay for any paid-for Services you have already received up until the date that you cancel. Digital River will refund you by the method you used for payment. We don’t charge a fee for the refund.
Automatic Renewal. Your Service Package will renew automatically at the end of the minimum commitment period and each renewal period unless and until you cancel the Service. We will provide details of the renewal period for your Service Package (e.g. 12 months or 1 month) at the time of purchase. You can disable automatic renewals via the web portal. This means that your subscription to Our Services will lapse at the end of your then current minimum commitment period or renewal period.
Early Termination Charge. If you cancel your subscription to your Service Package before expiry of your minimum commitment term, We will charge you an early termination charge equal to your monthly fee multiplied by the number of months remaining before expiry of the minimum commitment term.
6. Your privacy and information
We will only use your personal information as set out in Our Privacy Policy [LINK TO PRIVACY NOTICE] unless you are using a specific service to which a different privacy policy applies, as set out below and it is important that you read that information.
You acknowledge and accept that the information that you provide to Us, including all information that you provide in your Account such as emergency contacts and emergency health information, is, and remains throughout your use of the Services, complete, accurate and up to date.
When using the Services, you acknowledge and agree that it is your sole responsibility to ensure that you select the intended designated contact from your available contacts and are satisfied with the content of any message sent using the Services prior to sending it. You acknowledge that in using the Services you may disclose your location information to Us or our partners, including FocusPoint.
We may also disclose such personal data or message content as may be in the possession of Bullitt to third-party service providers and/or competent legal authority in connection with your use of the Services associated with your Service Plan in order to assist in the conduct of a rescue, prevent or lessen a serious threat to public health or public safety, or to the life or health of the individual concerned or another individual), or in relation to a request made in accordance with applicable law, or as otherwise required or permitted by applicable laws. In order to provide the Services, We may be required to transmit or distribute
your message content over various public networks and in various media. We may also be required to make changes to your message content if so required by the technical requirements of connecting networks, devices, services or media. We reserve the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. The basis on which we may access and use any personal data described above is set out in Our Privacy Policy referenced above.
7. Account and operating system requirements
You must register on the Website (accessible via the App) and create an account (“Account”) in order to use the Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by Our registration processes in your Account. You are responsible for keeping your device and your Account (including usernames and passwords) safe and secure, and you must notify us promptly of any unauthorised use or security breach of your Account or Our Services.
The App can be used on most Apple iOS and Android OS devices with supported software, but you must have a compatible device (as per list of compatible devices available at bullitt.com/devices) with an activated Service in order to use the Paid Messenger Service. We regularly update the App to ensure legal compliance, improve security, fix bugs and make other technical adjustments, including to ensure compatibility with the compatible devices and supported operating systems. To get the best experience and to ensure the App and the Service operates correctly, We recommend that you accept any updates to the App that We tell you about as and when they become available. This may require you to update your device operating system, including accepting any regular security update that might be provided by the device manufacturer. As and when new operating systems and devices are released, We may over time stop supporting older versions. You should regularly check the Website to see the full list of supported devices and operating system requirements.
If you choose not to install updates that We offer you or if you opt out of automatic updates you may not be able to continue using the App and the Services.
8. Your use of the App
In return for your agreeing to comply with these Terms you may:
· download a copy or use a preinstalled copy of the App and use the Services on your mobile device for your personal purposes only;
· use any of Our publicly available documentation and policies to support your permitted use of the App and the Services; and
· receive and use any free supplementary software code or update of the Messenger App incorporating “patches” and corrections of errors as We may provide to you.
Your right to use the Messenger App is personal to you and you may not transfer your Account or the App to someone else. If you sell any device on which the App is installed, you must r ensure that you have signed out of your Account on that device.
You must be 18 to accept these Terms and buy Services via the App (or the applicable age of majority in your jurisdiction). If you are under the applicable age of majority, you must have the permission of your parent or guardian to agree to these Terms and use the Services. If you are under the age of majority in a country in the European Economic Area (together, “EEA”), the United Kingdom (“U.K.”) or Switzerland, your parent or guardian must enter into these Terms on your behalf.
You are solely responsible for any content that you create and transmit on or through Our Services and for the consequences of your actions by doing so. You will not send any nuisance or malicious messages using the Service and will at all times comply with all laws that apply to you.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
We do not guarantee that the App or Service will be secure, error free or free from bugs or viruses. You are responsible for configuring your information technology and platform to access the Services. You should use your own virus protection software.
You are solely responsible for compliance with all laws applicable to your use of the Services. Access to the Services which, in whole or in part, is illegal or contrary to Mandatory Local Laws is prohibited. You may not use or otherwise export or re-export the Services except as authorised by any applicable Mandatory Local Laws. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Services for any purposes prohibited by U.S. law. Additionally, you will not export or re-export the Services (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s restricted lists.
9. We are not responsible for websites we link to
Where the App and/or these Terms contain links to other sites and resources provided by third parties, these links are provided for your information only. The display of any link and reference to any third party website or app does not mean that we endorse that third party’s website, apps, products or services and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and accept no legal responsibility for any content, material or information contained in them.
Third party websites and apps may also regulate your use of their website or app, or treat your data differently to Bullitt. You should review any relevant terms of use and privacy-related documents before using any third party websites and apps.
10. Changes to these Terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which We introduce and will try and tell you about any changes which do not benefit you before those changes take effect. For all other changes you should check these Terms regularly. If you do not accept the changes you should not continue to use the App and the Services and you may (in the case of a Service Package) apply to us for service cancellation and a refund, which will reflect the period that the Service has been available to you prior to cancellation.
11. Prohibited Uses
You agree:
· not to reproduce, duplicate, copy or re-sell any part of the App or the Services in contravention of the provisions of these Terms;
· not to reverse engineer or decompile (whether in whole or in part) any software making up App or the Services unless you’re allowed to do this by law;
· not to access without authority, interfere with, damage or disrupt:
o any part of the App or Services;
o any equipment or network on which the App is stored;
o any software used in the provision of the App; or
o any equipment or network or software owned or used by any third party.
You must not use the App or any Service:
· in any way that breaches these Terms or any applicable local, national or international law or regulation;
· to infringe Our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these Terms);
· to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
· in any country outside of the Available Regions or where otherwise prohibited by Mandatory Local Laws. Access or use of the Services outside the Available Regions is done on your own initiative. You are solely responsible for compliance with all applicable Mandatory Local Laws;
· in a manner that abuses, or otherwise misuses, the Services;
· to use the App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
· to collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.
12. Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or any aspect of Our Services other than the right to use them in accordance with these Terms.
13. Our responsibility for loss or damage suffered by you
· We are responsible to you for foreseeable loss and damage caused by us. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both We and you knew it might happen.
· We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
· We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
· Limitations to the App and the Services. You are solely responsible for ensuring that the App and the Services are suitable for your needs based on the information We have provided. Although We make reasonable efforts to update the information provided by the App and the Services, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The App and the Services are provided on an “as is” basis and you use them at your own risk.
· Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
· We are not responsible for events outside Our control. If Our provision of the Services or support for the App or the Services is prevented or delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay or absence of the Services if reasonably possible. Provided We do this We will not be liable for delays or absences of the Service that are caused by the event. If we are no longer able to provide your Service Package you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
· Consumers in the UK, EEA and Switzerland. If you are a consumer in the UK, EEA or Switzerland you have certain remedies available to you under Mandatory Local Laws. If there is a
delay in Our supply of the Services to you then you may request supply of the Services from Us. If the Services are still not supplied without undue delay or a timeframe that We agree with you, you may terminate your contract with us without penalty by contacting us on the details set out in section 1. We honour our legal duty to provide you with Services that are as described to you on Our Website and that meet all the requirements imposed by Mandatory Local Law. If We fail to comply with these requirements then you may be entitled to one of more the following remedies: (i) We may rectify the issue for you free of charge; (ii) We may provide you with a full refund or proportionate price reduction if we are unable to rectify the issue or it would be disproportionate to do so; (iii) if We have materially breached our legal obligations and failed to remedy the issue as per (ii), you may be entitled to terminate your contract with Us and can do so by contacting us on the details set out in section 1.
14. Breach of these Terms
We may end your rights to use the App and the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right We will give you a reasonable opportunity to do so.
Your failure to comply with these Terms may result in Our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use the App and the Services.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
We exclude Our liability for all action We may take in response to breaches of these Terms. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.
15. Other terms
· We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
· You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
· These Terms do not give rise to any rights of third parties to benefit from or enforce them unless expressly stated.
· Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
· Even if We delay in enforcing these Terms, We can still enforce them later.
· These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in another country then you may have the legal right to bring legal proceedings in the courts of your local jurisdiction under the mandatory consumer laws of your jurisdiction.
16. Alternative dispute resolution
If you have an issue with the Services We have provided to you, you can contact us on the detail set out in section 1 and we will endeavour to resolve your issue as soon as possible. Full details on how we handle complaints is set out on our Website [here].
For users based in the EEA and Switzerland: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how We have handled any complaint, you may want to contact the alternative dispute resolution provider We use. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.